BILL NUMBER: SB 741	CHAPTERED  10/10/99

	CHAPTER   747
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 8, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   JUNE 30, 1999
	AMENDED IN ASSEMBLY   JUNE 17, 1999
	AMENDED IN SENATE   APRIL 21, 1999

INTRODUCED BY   Senator Alpert
   (Principal coauthor:  Assembly Member Honda)
   (Coauthors:  Senators Baca, Costa, Escutia, Hughes, Karnette,
Ortiz, Sher, Solis, Speier, and Vasconcellos)
   (Coauthors:  Assembly Members Alquist, Aroner, Cunneen, Firebaugh,
Havice, Kuehl, Romero, and Steinberg)

                        FEBRUARY 24, 1999

   An act to amend Sections 120325 and 120335 of the Health and
Safety Code, relating to health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 741, Alpert.  Immunizations:  varicella (chickenpox).
   Existing law requires county health officers to organize and
maintain a program to make immunizations available to certain
persons.  Existing law states the intent of the Legislature to
provide a means for the eventual achievement of immunization against
certain childhood diseases.  Under existing law, persons exposed to
those childhood diseases may be temporarily excluded from school
until a determination is made by the local health officer that the
person is no longer at risk of developing the disease.
   This bill would add varicella (chickenpox) to the list of
childhood diseases for which the Legislature intends the eventual
achievement of immunization.  Because the bill would add to the
duties of certain county officers it would impose a state-mandated
local program.
   Existing law prohibits the governing authority of a school or
other institution from unconditionally admitting any person as a
pupil of any private or public elementary or secondary school, child
care center, day nursery, nursery school, family day care home, or
development center, unless prior to his or her first admission to
that institution he or she has been fully immunized against various
diseases.
   This bill would add varicella (chickenpox) to the list of diseases
effective July 1, 2001, except with regard to pupils who were
admitted before July 1, 2001, and would authorize the State
Department of Health Services to adopt emergency regulations to
implement this requirement.
   This bill would specify that the provisions relating to varicella
(chickenpox) would be operative only to extent funds for these
purposes are appropriated in the annual Budget Act.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 120325 of the Health and Safety Code is amended
to read:
   120325.  In enacting Chapter 1 (commencing with Section 120325,
but excluding Section 120380) and in enacting Sections 120400,
120405, 120410, and 120415, it is the intent of the Legislature to
provide:
   (a) A means for the eventual achievement of total immunization of
appropriate age groups against the following childhood diseases:
   (1) Diphtheria.
   (2) Hepatitis B.
   (3) Haemophilus influenzae type b.
   (4) Measles.
   (5) Mumps.
   (6) Pertussis (whooping cough).
   (7) Poliomyelitis.
   (8) Rubella.
   (9) Tetanus.
   (10) Varicella (chickenpox).  This paragraph shall be operative
only to the extent that funds for this purpose are appropriated in
the annual Budget Act.
   (11) Any other disease that is consistent with the most current
recommendations of the United States Public Health Services' Centers
for Disease Control Immunization Practices Advisory Committee and the
American Academy of Pediatrics Committee of Infectious Diseases, and
deemed appropriate by the department.
   (b) That the persons required to be immunized be allowed to obtain
immunizations from whatever medical source they so desire, subject
only to the condition that the immunization be performed in
accordance with the regulations of the department and that a record
of the immunization is made in accordance with the regulations.
   (c) Exemptions from immunization for medical reasons or because of
personal beliefs.
   (d) For the keeping of adequate records of immunization so that
health departments, schools, and other institutions, parents or
guardians, and the persons immunized will be able to ascertain that a
child is fully or only partially immunized, and so that appropriate
public agencies will be able to ascertain the immunization needs of
groups of children in schools or other institutions.
   (e) Incentives to public health authorities to design innovative
and creative programs that will promote and achieve full and timely
immunization of children.
  SEC. 2.  Section 120335 of the Health and Safety Code is amended to
read:
   120335.  (a) As used in Chapter 1 (commencing with Section 120325,
but excluding Section 120380), and as used in Sections 120400,
120405, 120410, and 120415, the term "governing authority" means the
governing board of each school district or the authority of each
other private or public institution responsible for the operation and
control of the institution or the principal or administrator of each
school or institution.
   (b) The governing authority shall not unconditionally admit any
person as a pupil of any private or public elementary or secondary
school, child care center, day nursery, nursery school, family day
care home, or development center, unless prior to his or her first
admission to that institution he or she has been fully immunized.
The following are the diseases for which immunizations shall be
documented:
   (1) Diphtheria.
   (2) Haemophilus influenzae type b, except for children who have
reached the age of four years and six months.
   (3) Measles.
   (4) Mumps, except for children who have reached the age of seven
years.
   (5) Pertussis (whooping cough), except for children who have
reached the age of seven years.
   (6) Poliomyelitis.
   (7) Rubella.
   (8) Tetanus.
   (9) Hepatitis B for all children entering the institutions listed
in this subdivision at the kindergarten level or below on or after
August 1, 1997.
   (10) Varicella (chickenpox), effective July 1, 2001.  Persons
already admitted into California public or private schools at the
kindergarten level or above before July 1, 2001, shall be exempt from
the varicella immunization requirement for school entry.  This
paragraph shall be operative only to the extent that funds for this
purpose are appropriated in the annual Budget Act.
   The department may adopt emergency regulations to implement this
paragraph including, but not limited to, requirements for
documentation and immunization status reports, in accordance with the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).  The initial adoption of emergency
regulations shall be deemed to be an emergency and considered by the
Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, or general
welfare.  Emergency regulations adopted pursuant to this paragraph
shall remain in effect for no more than 180 days.
   (11) Any other disease deemed appropriate by the department,
taking into consideration the recommendations of the United States
Public Health Services' Centers for Disease Control Immunization
Practices Advisory Committee and the American Academy of Pediatrics
Committee of Infectious Diseases.
   (c) On and after July 1, 1999, the governing authority shall not
unconditionally admit any pupil to the 7th grade level, nor
unconditionally advance any pupil to the 7th grade level, of any of
the institutions listed in subdivision (b) unless the pupil has been
fully immunized against hepatitis B.
   (d) The department may specify the immunizing agents which may be
utilized and the manner in which immunizations are administered.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
